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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4705
Experience:  Solicitor
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Assistant: What is your issue regarding? We purchased a flat

Resolved Question:

Hello
Assistant: Hi. What is your issue regarding?
Customer: We purchased a flat in March, specifically to let as a holiday let. The seller confirmed it was permitted as a holiday let (he was also a director of the management company so stated if he said it was ok then it was ok). The estate agent put it forward to us as a potential holiday let and passed on the sellers confirmation. The conveyancers confirmed verbally that it was ok (we specifically told them this was to be a holiday let). The lease has a clause 'not to use the demised premises nor permit the same to be used for any purpose whatsoever other than as a private dwellinghouse in the occupation of one family'. A director of the management company has noticed us letting and stated this contravenes this clause in the lease. From my brief research I can see we have a problem. Do I have any comeback with the seller, agent or conveyancer? Thanks
Assistant: Where are you located? It matters because laws vary by location.
Customer: England (flat is in Torquay)
Assistant: Has anything been filed or reported?
Customer: No - I have telephoned the conveyancers who are looking into the lease
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: That's all thanks
Submitted: 1 month ago.
Category: Law
Expert:  Jamie-Law replied 1 month ago.

Hello my name is ***** ***** I will help you.

Just to be clear, did the management co at any point say it was ok to let?

Customer: replied 1 month ago.
Hi - the seller was a director of the management co and said it was ok to let 'I'm a director and if I say it's ok then it's ok'. So not officially in writing. I also have an email from the estate agents 'I have spoken to the seller and he has confirmed you can holiday let and has instructed his solicitor.'
Thanks
Expert:  Jamie-Law replied 1 month ago.

Ok, so is this now someone else saying you can't let?

Customer: replied 1 month ago.
it's another director of the management co. When the seller sold he ceased being a director of the management co. and I became a director in his place. There are 3 directors.
Expert:  Jamie-Law replied 1 month ago.

Ok. Then you do have a claim for breach of contract by the seller. You can't blame the agent or conveyancer, this is solely at the door of the seller.

He/she represented that it could be used for the purpose intended and it can't. So the seller is who your claim is against.

Can I clarify anything for you about this today please?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 month ago.
That's useful. No further clarification required, thanks. Thanks for your help.
Expert:  Jamie-Law replied 1 month ago.

All the best.